[Congressional Record (Bound Edition), Volume 152 (2006), Part 5]
[House]
[Pages 5929-5934]
[From the U.S. Government Publishing Office, www.gpo.gov]




          TELEPHONE RECORDS AND PRIVACY PROTECTION ACT OF 2006

  Mr. SENSENBRENNER. Madam Speaker, I move to suspend the rules and 
pass the bill (H.R. 4709) to amend title 18, United States Code, to 
strengthen protections for law enforcement officers and the public by 
providing criminal penalties for the fraudulent acquisition or 
unauthorized disclosure of phone records, as amended.
  The Clerk read as follows:

                               H.R. 4709

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Telephone Records and 
     Privacy Protection Act of 2006''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) telephone records can be of great use to criminals 
     because the information contained in call logs may include a 
     wealth of personal data;
       (2) call logs may reveal the names of telephone users' 
     doctors, public and private relationships, business 
     associates, and more;
       (3) call logs are typically maintained for the exclusive 
     use of phone companies, their authorized agents, and 
     authorized consumers;
       (4) telephone records have been obtained without the 
     knowledge or consent of consumers through the use of a number 
     of fraudulent methods and devices that include--
       (A) telephone company employees selling data to 
     unauthorized data brokers;
       (B) ``pretexting'', whereby a data broker or other person 
     represents that they are an authorized consumer and convinces 
     an agent of the telephone company to release the data; or
       (C) gaining unauthorized Internet access to account data by 
     improperly activating a consumer's account management 
     features on a phone company's webpage or contracting with an 
     Internet-based data broker who trafficks in such records; and
       (5) the unauthorized disclosure of telephone records not 
     only assaults individual privacy but, in some instances, may 
     further acts of domestic violence or stalking, compromise the 
     personal safety of law enforcement officers, their families, 
     victims of crime, witnesses, or confidential informants, and 
     undermine the integrity of law enforcement investigations.

     SEC. 3. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH 
                   OBTAINING CONFIDENTIAL PHONE RECORDS 
                   INFORMATION OF A COVERED ENTITY.

       (a) Offense.--Chapter 47 of title 18, United States Code, 
     is amended by inserting after section 1038 the following:

     ``Sec. 1039. Fraud and related activity in connection with 
       obtaining confidential phone records information of a 
       covered entity

       ``(a) Criminal Violation.--Whoever, in interstate or 
     foreign commerce, knowingly and intentionally obtains, or 
     attempts to obtain, confidential phone records information of 
     a covered entity, by--
       ``(1) making false or fraudulent statements or 
     representations to an employee of a covered entity;
       ``(2) making such false or fraudulent statements or 
     representations to a customer of a covered entity;
       ``(3) providing a document to a covered entity knowing that 
     such document is false or fraudulent; or
       ``(4) accessing customer accounts of a covered entity via 
     the Internet, or by means of conduct that violates section 
     1030 of this title, without prior authorization from the 
     customer to whom such confidential phone records information 
     relates;

     shall be fined under this title, imprisoned for not more than 
     10 years, or both.
       ``(b) Prohibition on Sale or Transfer of Confidential Phone 
     Records Information.--
       ``(1) Except as otherwise permitted by applicable law, 
     whoever, in interstate or foreign commerce, knowingly and 
     intentionally sells or transfers, or attempts to sell or 
     transfer, confidential phone records information of a covered 
     entity, without prior authorization from the customer to whom 
     such confidential phone records information relates, or 
     knowing or having reason to know such information was 
     obtained fraudulently, shall be fined under this title, 
     imprisoned not more than 10 years, or both.
       ``(2) For purposes of this subsection, the exceptions 
     specified in section 222(d) of the Communications Act of 1934 
     shall apply for the use of confidential phone records 
     information by any covered entity, as defined in subsection 
     (h).
       ``(c) Prohibition on Purchase or Receipt of Confidential 
     Phone Records Information.--
       ``(1) Except as otherwise permitted by applicable law, 
     whoever, in interstate or foreign commerce, knowingly and 
     intentionally purchases or receives, or attempts to purchase 
     or receive, confidential phone records information of a 
     covered entity, without prior authorization from the customer 
     to whom such confidential phone records information relates, 
     or knowing or having reason to know such information was 
     obtained fraudulently, shall be fined under this title, 
     imprisoned not more than 10 years, or both.
       ``(2) For purposes of this subsection, the exceptions 
     specified in section 222(d) of the Communications Act of 1934 
     shall apply for the use of confidential phone records 
     information by any covered entity, as defined in subsection 
     (h).
       ``(d) Enhanced Penalties for Aggravated Cases.--Whoever 
     violates, or attempts to violate, subsection (a), (b), or (c) 
     while violating another law of the United States or as part 
     of a pattern of any illegal activity involving more than 
     $100,000, or more than 50 customers of a covered entity, in a 
     12-month period shall, in addition to the penalties provided 
     for in such subsection, be fined twice the amount provided in 
     subsection (b)(3) or (c)(3) (as the case may be) of section 
     3571 of this title, imprisoned for not more than 5 years, or 
     both.
       ``(e) Enhanced Penalties for Use of Information in 
     Furtherance of Certain Criminal Offenses.--
       ``(1) Whoever, violates, or attempts to violate, subsection 
     (a), (b), or (c) knowing that such information may be used in 
     furtherance of, or with the intent to commit, an offense 
     described in section 2261, 2261A, 2262, or any other crime of 
     violence shall, in addition to the penalties provided for in 
     such subsection, be fined under this title and imprisoned not 
     more than 5 years.
       ``(2) Whoever, violates, or attempts to violate, subsection 
     (a), (b), or (c) knowing that such information may be used in 
     furtherance of, or with the intent to commit, an offense 
     under section 111, 115, 1114, 1503, 1512, 1513, or to 
     intimidate, threaten, harass, injure, or kill any Federal, 
     State, or local law enforcement officer shall, in addition to 
     the penalties provided for in such subsection, be fined under 
     this title and imprisoned not more than 5 years.
       ``(f) Extraterritorial Jurisdiction.--There is 
     extraterritorial jurisdiction over an offense under this 
     section.
       ``(g) Nonapplicability to Law Enforcement Agencies.--This 
     section does not prohibit any lawfully authorized 
     investigative, protective, or intelligence activity of a law 
     enforcement agency of the United States, a State, or 
     political subdivision of a State, or of an intelligence 
     agency of the United States.
       ``(h) Definitions.--In this section:
       ``(1) Confidential phone records information.--The term 
     `confidential phone records information' means information 
     that--
       ``(A) relates to the quantity, technical configuration, 
     type, destination, location, or amount of use of a service 
     offered by a covered entity, subscribed to by any customer of 
     that covered entity, and kept by or on behalf of that covered 
     entity solely by virtue of the relationship between that 
     covered entity and the customer;
       ``(B) is made available to a covered entity by a customer 
     solely by virtue of the relationship between that covered 
     entity and the customer; or
       ``(C) is contained in any bill, itemization, or account 
     statement provided to a customer by or on behalf of a covered 
     entity solely by

[[Page 5930]]

     virtue of the relationship between that covered entity and 
     the customer.
       ``(2) Covered Entity.--The term `covered entity'--
       ``(A) has the same meaning given the term 
     `telecommunications carrier' in section 3 of the 
     Communications Act of 1934 (47 U.S.C. 153); and
       ``(B) includes any provider of IP-enabled voice service.
       ``(3) Customer.--The term `customer' means, with respect to 
     a covered entity, any individual, partnership, association, 
     joint stock company, trust, or corporation, or authorized 
     representative of such customer, to whom the covered entity 
     provides a product or service.
       ``(4) IP-enabled voice service.--The term `IP-enabled voice 
     service' means the provision of real-time voice 
     communications offered to the public, or such class of users 
     as to be effectively available to the public, transmitted 
     through customer premises equipment using TCP/IP protocol, or 
     a successor protocol, (whether part of a bundle of services 
     or separately) with interconnection capability such that the 
     service can originate traffic to, or terminate traffic from, 
     the public switched telephone network, or a successor 
     network.''.
       (b) Chapter Analysis.--The table of sections for chapter 47 
     of title 18, United States Code, is amended by adding after 
     the item relating to section 1038 the following:
       ``1039. Fraud related activity in connection with obtaining 
           confidential phone records information of a covered 
           entity.''.

     SEC. 4. SENTENCING GUIDELINES.

       (a) Review and Amendment.--Not later than 180 days after 
     the date of enactment of this Act, the United States 
     Sentencing Commission, pursuant to its authority under 
     section 994 of title 28, United States Code, and in 
     accordance with this section, shall review and, if 
     appropriate, amend the Federal sentencing guidelines and 
     policy statements applicable to persons convicted of any 
     offense under section 1039 of title 18, United States Code.
       (b) Authorization.--The United States Sentencing Commission 
     may amend the Federal sentencing guidelines in accordance 
     with the procedures set forth in section 21(a) of the 
     Sentencing Act of 1987 (28 U.S.C. 994 note) as though the 
     authority under that section had not expired.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Sensenbrenner) and the gentleman from Michigan (Mr. 
Conyers) each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin.


                             General Leave

  Mr. SENSENBRENNER. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on H.R. 4709 currently 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. SENSENBRENNER. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise in support of H.R. 4709, the Law Enforcement 
and Phone Privacy Protection Act of 2006. This legislation will protect 
the privacy of consumers' cell phone records and create new criminal 
penalties for the unauthorized purchase, sale or disclosure of such 
records.
  Certain unscrupulous companies operating on the Internet use 
deception to acquire an individual's phone records and then sell this 
personal information. Typically these companies employ a tactic known 
as ``pretexting'' to deceive the phone companies.

                              {time}  1445

  By impersonating the actual cell phone account holder, these 
companies are often able to obtain significant private information 
about the individuals.
  This practice not only presents a threat to the privacy of the 
average consumer; the Judiciary Committee has also learned that 
criminals have employed these services to determine the identity of 
undercover law enforcement officers as well as suspected confidential 
informants and witnesses. Additionally, stalkers and domestic users can 
use such information to track a victim's location and associates.
  Amazingly, none of this is clearly illegal under Federal law. H.R. 
4709 targets pretexting and other deceptive practices not adequately 
addressed by the current law and provides express protection in the 
criminal code for the privacy of confidential phone records 
information. These important new consumer protections cover the records 
and calling logs of cellular, land line, Voice-Over-Internet-Protocol 
users, and accomplish this goal on a technology neutral basis. The bill 
also establishes specific criminal penalties for the fraudulent 
acquisition or disclosure of such records without the consent of the 
consumer.
  More specifically, the bill prohibits third parties from purchasing 
or receiving confidential phone records information without the prior 
authorization of the consumer, or knowing or having reason to know that 
the information was obtained fraudulently. It exempts use of 
information by any covered entity if such use would be permissible 
under existing laws governing the handling of such information by 
telecommunications carriers. This exception includes any uses by 
agents, contractors, or joint venture partners to receive the 
confidential phone records acting on behalf of the covered entity to 
perform any of the functions permitted under existing law.
  The bill also provides enhanced criminal penalties for anyone who 
engages in large scale operations to violate the law, or who discloses 
or uses fraudulently obtained confidential phone records information in 
furtherance of crimes of violence, including domestic violence and 
stalking, or to kill, injure or intimidate a witness, juror, 
confidential informant, or law enforcement officer.
  The bill under consideration today incorporates several technical and 
conforming changes to the text that was reported unanimously by the 
Judiciary Committee on March 2 this year. This bipartisan legislation 
is supported by the U.S. Department of Justice, the National Center For 
Victims of Crime, the Cellular Telecommunications and Internet 
Association, and all of the major land line and mobile telephone 
companies.
  I commend the chairman of the Subcommittee on Courts, the Internet, 
and Intellectual Property, Lamar Smith, for introducing this important 
measure. I also want to thank Judiciary Committee Ranking Member 
Conyers, Congressman Goodlatte, and Congressman Scott for their 
contributions to this legislation.
  Madam Speaker, H.R. 4709 provides consumers with important new 
protections for the confidentiality of their calling records without 
compromising the legitimate lawful interests of law enforcement, 
emergency services and cellular telephone service providers. I urge my 
colleagues to support this sensible piece of legislation and hope that 
the Members of the other body will consider and pass this bill 
expeditiously.
  Madam Speaker, I reserve the balance of my time.
  The SPEAKER pro tempore (Mrs. Drake). Without objection, the 20 
minutes will be controlled by the gentlewoman from Texas (Ms. Jackson-
Lee).
  There was no objection.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I yield myself such time as 
I may consume.
  I rise with great pleasure and enthusiasm as one of the supporters of 
this legislation, Telephone Records and Privacy Protection Act of 2006, 
H.R. 4709; and I am pleased to acknowledge Mr. Lamar Smith and John 
Conyers as the original sponsors of this legislation.
  I thank the chairman for yielding me this time, and I add my applause 
to legislation that makes several important and noteworthy changes to 
current law.
  First and foremost, it establishes a new criminal offense against 
anyone who knowingly and intentionally obtains or attempts to obtain 
the confidential phone records of a third party through any one of the 
bill's several enumerated schemes or devices to defraud. Penalties for 
violating this prohibition include a fine or a term of imprisonment of 
not more than 20 years, or both.
  Second, the bill establishes a new set of criminal penalties for 
anyone who knowingly and intentionally sells or purchases the 
confidential phone records of a third party without proper 
authorization or knowing that such records were obtained through fraud. 
Violators of either of these two provisions are subjected to a maximum 
term of imprisonment of up to 5 years.

[[Page 5931]]

  Finally, in an effort to offer increased protection to the likely 
victims of such activities, this legislation includes a series of 
enhanced criminal penalties against any individual who engages in any 
one of the aforementioned crimes knowing that such information was 
sought in furtherance of or with the intent to commit any one of the 
bill's dozen or so enumerated offenses. Individuals specifically 
protected under this provision include potential victims of domestic-
violence-related offenses, jurors, criminal witnesses, confidential 
informants, and law enforcement officers.
  Recent investigations undertaken by State and Federal law enforcement 
officials have demonstrated the ease with which an individual can 
obtain the confidential calling records of a third party. By simply 
contacting one of the many on-line data brokers that currently exist, 
the private records of anyone sitting in this room could be filtered 
into the public domain within a matter of minutes.
  And if put into the wrong hands, such information could be used to 
commit countless crimes of violence, including acts of domestic 
violence, retaliatory acts against law enforcement officers, or acts 
aimed at undermining our current criminal justice system.
  Madam Speaker, I think it is important to note that as we fight the 
crime of identity theft, this new and innovative legislation puts a 
dagger in some aspects of that. For example, the records of high-
ranking officials dealing with government business could be secured, 
whether it is local, State or Federal, and put various actions of the 
government in jeopardy.
  And, yes, a law enforcement officer that may be undercover, those 
records can be secured and immediately put that law enforcement officer 
in great jeopardy of his or her life.
  And, finally, for those of us who are parents, we understand what it 
means to be able to communicate with a young person through a cell 
phone. Just imagine a stalker or a child predator securing those 
records of your teenage son or daughter. What a horrific thought to 
think.
  And so it is important that this legislation be passed for the 
protection of Americans all over this country and as well for the 
integrity of our technology system.
  The bill before us seeks to stop these potential abuses from becoming 
a reality, and I strongly urge my colleagues to support this worthwhile 
measure.
  I am pleased to acknowledge Lamar Smith  and John Conyers as the 
original sponsors of this bill. This legislation makes several 
important and noteworthy changes to current law.
  First and foremost, it establishes a new criminal offense against 
anyone who knowingly and intentionally obtains, or attempts to obtain, 
the confidential phone records of a third party through any one of the 
bill's several enumerated schemes or devices to defraud. Penalties for 
violating this prohibition include a fine or a term of imprisonment of 
not more than 20 years, or both.
  Second, the bill establishes a new set of criminal penalties for 
anyone who knowingly and intentionally sells or purchases the 
confidential phone records of a third party, without proper 
authorization or knowing that such records were obtained through fraud. 
Violators of either of these two provisions are subjected to a maximum 
term of imprisonment of up to 5 years.
  Finally, in an effort to offer increased protection to the likely 
victims of such activities, the legislation includes a series of 
enhanced criminal penalties against any individual who engages in any 
one of the aforementioned crimes knowing that such information was 
sought in furtherance of, or with the intent to commit any one of the 
bill's dozen or so enumerated offenses. Individuals specifically 
protected under this provision include potential victims of domestic-
violence related offenses, jurors, criminal witnesses, confidential 
informants and law enforcement officers.
  Recent investigations that have been undertaken by State and Federal 
law enforcement officials have demonstrated the ease with which an 
individual can obtain the confidential calling records of a third 
party. By simply contacting one of the many online data brokers that 
currently exist, the private records of anyone sitting in this room 
could be filtered into the public domain within a matter of minutes.
  And, if put into the wrong hands, such information could be used to 
commit countless crimes of violence, including acts of domestic 
violence, retaliatory attacks against law enforcement officers, or acts 
aimed at undermining our current criminal justice system.
  The bill before us seeks to stop these potential abuses from becoming 
a reality. I strongly urge my colleagues to support this worthwhile 
measure.
  Madam Speaker, I reserve the balance of my time.
  Mr. SENSENBRENNER. Madam Speaker, I yield such time as he may consume 
to the gentleman from Texas (Mr. Smith), the author of the bill.
  Mr. SMITH of Texas. Madam Speaker, since I introduced this 
legislation, I rise in strong support of the Telephone Records and 
Privacy Protection Act of 2006, the TRAPP Act. And I want to thank 
Chairman Sensenbrenner for his leadership and continuing support of 
this bicameral and bipartisan bill.
  Madam Speaker, few things are more personal and potentially more 
revealing than our telephone records. Who we call can reveal much about 
our business and personal lives, including intimate details about one's 
medical or financial condition. Calling records can even be used to 
identify a caller's location. In some cases the unauthorized release of 
personal information like a phone record can lead to a tragic result.
  Unfortunately, existing Federal statutes that could be used to target 
data thieves are inadequate. These statutes have clearly not deterred 
data burglars from treating confidential phone record information as a 
commodity to be bought and sold over the Internet without the consent 
of consumers, sometimes for as little as $100.
  The underlying bill targets companies and individuals who traffic in 
fraudulently obtained confidential phone records and provides new 
protections for the privacy of calling logs themselves. It establishes 
a new section, 1039, in title 18 of the United States Code, that will 
provide explicit penalties for those who use fraud to obtain 
confidential phone records.
  Madam Speaker, the bill imposes a prison sentence of up to 10 years 
and a fine of up to $500,000 on any person who, in interstate commerce, 
sells, transfers, purchases or receives confidential phone records of a 
telephone company without the prior consent of the consumer.
  The bill includes enhanced penalties for cases where the information 
is used in furtherance of crimes of domestic violence or a threat to 
law enforcement officials or their families.
  We need to pass this bill to demonstrate that we take seriously the 
obligation to protect the confidentiality of consumer telephone records 
and to make clear to data thieves that their conduct will result in a 
felony conviction.
  This legislation supports crime victims, prosecutors, and companies 
and individuals who have been the targets of this fraud. A companion 
measure is expected to be introduced soon in the Senate.
  Madam Speaker, I urge my colleagues to support this legislation.
  Mr. SENSENBRENNER. Madam Speaker, at this time I have no further 
speakers, and I am prepared to yield back if the gentlewoman from Texas 
will yield back.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I include the following 
letters of support for this legislation:

                                              Consumers Union,

                                Washington, DC., February 8, 2006.
     Hon. Charles Schumer,
     U.S. Senate,
     Washington, DC.
     Hon. Arlen Specter,
     U.S. Senate,
     Washington, DC.
     Hon. Bill Nelson
     U.S. Senate,
     Washington, DC.
       Dear Senators Schumer, Specter and Nelson: Consumers Union, 
     the publisher of Consumer Reports, supports the Consumer 
     Telephone Records Protection Act of 2006, S. 2178, and 
     applauds your leadership on this critical consumer issue.
       The Consumer Telephone Records Protection Act would go far 
     in protecting consumers' private telephone records. Consumers 
     have a reasonable expectation that their calling records will 
     not be released to anyone other than themselves. Congress 
     must meet that expectation by preventing stalkers, identity 
     thieves, and shady data-brokers from accessing consumers' 
     personal

[[Page 5932]]

     telephone calling records. Subjecting to criminal penalties 
     the selling of those records and the practice of pretexting 
     to obtain them will serve as a strong deterrence.
       Importantly, instead of simply reaffirming Federal Trade 
     Commission authority to enforce penalties against unfair and 
     deceptive trade practices, the Consumer Telephone Records 
     Protection Act ensures that other federal entities are 
     empowered to protect consumers' calling records. 
     Additionally, the bill covers all wireline, wireless and VoIP 
     services, protecting the rights of consumers to keep their 
     phoning records private regardless of which platform they 
     use.
       We look forward to working with you toward adoption of S. 
     2178 as well as other complementary measures required to 
     protect consumers phone records. These include stronger 
     enforcement powers and penalties for FTC and the Federal 
     Communications Commission; mandatory consumer notice when 
     calling records have been requested or provided to any party; 
     requirements that consumers affirmatively opt-in before any 
     of their records are shared, even with affiliates of the 
     phone company; and finally, provisions strengthening carrier 
     internal processes for safeguarding consumer information 
     under Section 222 of the 1934 Communications Act, with tough 
     penalties for noncompliance.
       We applaud your swift action and thank you for your 
     leadership to protect consumers. We look forward to working 
     with you toward effective, enforceable consumer phone record 
     privacy legislation.
       We look forward to working with you toward enactment of 
     this important legislation.
           Respectfully,
                                                  Jeannine Kenney,
     Senior Policy Analyst.
                                  ____


           Verizon Wireless Applauds Cell Phone Privacy Bill

       Bedminster, NJ.--Senators Charles Schumer of New York, 
     Arlen Specter of Pennsylvania and Bill Nelson of Florida 
     proposed legislation in the U.S. Senate today to make it a 
     crime for someone to obtain cell phone customer calling or 
     billing information under false pretenses or for a wireless 
     company employee to sell such customer information. Verizon 
     Wireless issued the following statement from Steve 
     Zipperstein, vice president of legal & external affairs, in 
     response to the filing:
       ``As the first wireless company in the U.S. to take legal 
     action to protect cell phone customers' private account 
     information from so-called online data brokers, Verizon 
     Wireless applauds the efforts of Senators Schumer, Specter 
     and Nelson to protect our customers' privacy from the crooks 
     and predators who we've been hauling into civil court. The 
     criminal penalties in this bill will provide another powerful 
     weapon in the legal arsenal that the private sector and the 
     government can use to protect consumers. We believe this 
     legislation will give federal prosecutors and others in law 
     enforcement the tools they need to crack down on this 
     despicable practice and help defend the privacy of U.S. cell 
     phone customers.''
       Verizon Wireless' record of aggressively protecting 
     customer privacy has put the company at the forefront of the 
     U.S. wireless industry.
       On September 15, 2005, Verizon Wireless secured a permanent 
     injunction against Source Resources Inc, a Tennessee-based 
     company, to halt its illegal practice of obtaining and 
     selling confidential customer telephone records. Verizon 
     Wireless brought the lawsuit, believed to be the first of its 
     kind, after one of its customers reported that his 
     confidential wireless phone records had been secured without 
     his permission by Source Resources. http://news.vzw.com/news/
2005/09/pr2005-09-15.html
       On November 9, 2005, Verizon Wireless obtained an immediate 
     injunction against Global Information Group (GIG) of Temple 
     Terrace, FL after the company made ``thousands of attempts'' 
     to gather confidential information without proper 
     authorization and used various fraudulent ``schemes'' to do 
     so, including impersonating Verizon Wireless employees and 
     posing as Verizon Wireless customers. The suit is pending. 
     http://news.vzw.com/news/2005/11/pr2005-11-09a.html
       In other actions to protect customer privacy: Verizon 
     Wireless won permanent injunctions to stop two telemarketing 
     firms--Intelligent Alternatives of San Diego, CA, and Resort 
     Marketing Trends of Coral Springs, FL,--from making calls to 
     Verizon Wireless customers by using auto-dialers and recorded 
     messages. Federal consumer protection law prohibits use of 
     auto-dialers or pre-recorded messages in calls to cell 
     phones--http://news.vzw.com/news/2005/12/pr2005-12-09.html
       Verizon Wireless filed a lawsuit seeking an injunction 
     against Passport Holidays of Ormond Beach, FL for violating 
     federal and state laws after it sent more than 98,000 
     unsolicited short text messages to Verizon Wireless customers 
     informing them they supposedly had won a cruise to the 
     Bahamas and asking them to call to claim their prize--http://
news.vzw.com/news/2005/11/pr2005-11-23.html
       In August 2004, Verizon Wireless obtained an injunction 
     against Rhode Island resident Jacob Brown, a known spammer 
     who had been sending numerous text message solicitations to 
     Verizon Wireless customers--http://news.vzw.com/news/2004/08/
pr2004-08-30.html
       In June 2004, Verizon Wireless broke with the wireless 
     industry by becoming the first to announce it would protect 
     customer privacy by refusing to participate in a national 
     wireless phone directory--http://news.vzw.com/news/2004/06/
pr2004-06-21.html
____


 Sprint Nextel Sues To Shut Down Online Services That Illegally Obtain 
                and Sell Confidential Telephone Records

       Reston, VA.--(Business Wire)--Jan. 27, 2006--Sprint Nextel 
     Corp. (NYSE:S) announced today that it has filed a lawsuit 
     against the parent company of four online data brokers that 
     use illegal and deceptive practices to obtain and sell 
     wireless customer call detail records. Sprint Nextel states 
     within the Complaint that 1st Source Information Specialists 
     Inc., parent company of www.locatecell.com, 
     www.celltolls.com, www.datafind.org and 
     www.peoplesearchamerica.com, employs fraudulent tactics, such 
     as posing as customers seeking information about their own 
     accounts, to access cell phone logs and phone numbers.
       In the suit filed today in Florida, Sprint Nextel states 
     that the schemes conducted by these fraudulent online 
     services invade the privacy of Sprint Nextel's customers. 
     Sprint Nextel has requested both temporary and permanent 
     injunctions against 1st Source Information Specialists Inc.
       ``Protection of confidential customer information is our 
     number one priority and we are taking aggressive action to 
     ensure that any threat to privacy is eliminated 
     immediately,'' said Kent Nakamura, vice president for telecom 
     management and chief privacy officer for Sprint Nextel. ``1st 
     Source Information Specialists continues to display egregious 
     disregard for privacy, and previous industry-driven actions 
     do not appear to have deterred their illegal activities. We 
     can assure our customers that we will make every effort to 
     put these services out of business.''
       To further demonstrate its commitment to protecting 
     consumer privacy, Sprint Nextel is supporting federal 
     legislation that seeks to increase criminal and/or civil 
     penalties against third party companies that fraudulently 
     seek to obtain, sell or distribute customer records. In 
     particular, Sprint Nextel hails legislation crafted by 
     senators Charles Schumer of New York, Arlen Specter of 
     Pennsylvania and Bill Nelson of Florida for its provisions 
     that make it illegal to obtain telephone customer records, 
     and that stiffen prison sentences and fines for those 
     companies fraudulently selling information. Sprint Nextel 
     looks forward to working with these senators and other 
     members of Congress to pass the legislation that best 
     protects consumers and ends this fraudulent practice.
       In addition to launching a legal assault on these illegal 
     activities, Sprint Nextel's corporate security and customer 
     care teams employ safeguards to protect confidential customer 
     information from unauthorized access. Sprint Nextel customer 
     service agents have been made aware of the fraudulent tactics 
     used by online data brokers, and they are trained to follow 
     detailed authentication procedures when responding to 
     customer inquiries. Sprint Nextel's security practices were 
     validated in 2005 when the company was awarded the ``Best 
     Practice in Security for Governance'' by the Aberdeen Group.
       Sprint Nextel strongly encourages its customers to take 
     precautions to protect themselves. In particular, Sprint 
     Nextel recommends that customers regularly change passwords 
     used to access account information on the Sprint.com web site 
     or when calling customer care, and select unique passwords to 
     access voicemail messages on Sprint phones. For additional 
     customer privacy tips, please go to www.sprint.com/privacy.
                                  ____



                                        County of Los Angeles,

                                Monterey Park, CA, March 29, 2006.
     Hon. Charles Schumer,
     U.S. Senate,
     Washington, DC.

  United States Senate Bill 2178--Support Consumer Telephone Records 
        Protection Act of 2006 as Introduced on January 18, 2006

       Dear Senator Schumer: The Los Angeles County Sheriff's 
     Department is proud to support your United States Senate Bill 
     2178 (S. 2178). This Bill would prohibit the obtaining, by 
     fraud or other unauthorized means, of confidential phone 
     record information.
       Recently, there has been a lot of media focus regarding the 
     sale of another's cell phone records over the internet. Many 
     companies, charging as little as $20, offer to research and 
     provide a month's worth of cell phone call information, no 
     questions asked.
       With the above in mind, S. 2178 seeks to correct this 
     serious situation by prohibiting another from obtaining this 
     information under false pretense or selling such information 
     by any person, including an employee of the provider.
       As Sheriff of Los Angeles County, I support S. 2178. Should 
     you need further assistance regarding this issue please do 
     not hesitate to

[[Page 5933]]

     contact me directly at (323) 526-5000, or my Legislative 
     Advocate, Sergeant Wayne Bilowit, at (323) 240-5696.
           Sincerely,
                                                    LeRoy D. Baca,
     Sheriff
                                  ____


      T-Mobile Sues Cell Record Brokers for Criminal Profiteering

       Bellevue, WA., January 23, 2006--In an effort to restrain 
     the unlawful activities of entities that attempt to 
     fraudulently obtain confidential customer information, T-
     Mobile USA, Inc. is bringing legal action against online data 
     brokers the company believes are involved in illegitimately 
     obtaining and selling call records. Acting under Washington 
     State criminal profiteering laws, T-Mobile today filed suit 
     in King County, Wash., Superior Court seeking an injunction 
     to stop Locatecell.com, as well as related companies and 
     individuals, from engaging in such illegal behavior. T-Mobile 
     also is prepared to take similar legal action against other 
     believed violators.
       ``To further safeguard the privacy of our customers, T-
     Mobile is taking action to prosecute these online data 
     brokers to the fullest extent permitted by the law,'' said 
     Dave Miller, Senior Vice President and General Counsel, T-
     Mobile USA. ``For the protection of all wireless customers, 
     their illegal actions must be stopped.''
       T-Mobile also endorses the need for federal legislation 
     making it a crime for anyone to obtain, sell or distribute, 
     through fraudulent means, the private calling records of 
     mobile phone customers.
       ``T-Mobile supports adoption of federal legislation making 
     it clear that fraudulent activities by third parties to 
     obtain, sell, or distribute call records is a crime,'' said 
     Tom Sugrue, T-Mobile's Vice President of Government Affairs. 
     ``Legislation should address the deplorable and deceptive 
     actions of these third-party brokers who illegitimately 
     obtain and sell call records without the knowledge or consent 
     of wireless customers. We applaud the FCC's recent citations 
     against brokers that have defied its subpoenas.''
       Legislation introduced by Sens. Schumer, Specter and Nelson 
     and co-sponsored by Sens. Burns and Reid, takes particular 
     aim at these perpetrators, defined as anyone who sells or 
     obtains confidential customer information through deception 
     or unauthorized access to a telephone company's data. T-
     Mobile commends this bipartisan group of Senators for 
     targeting privacy predators such as online brokers in an 
     effort to bolster protections for consumers. T-Mobile looks 
     forward to working with members of Congress to resolve this 
     important privacy concern.
       As a result of data uncovered during a continuing, thorough 
     internal investigation, T-Mobile had issued numerous cease 
     and desist letters against companies that were believed to 
     have illegally obtained and sold phone-calling records of 
     some of its customers.
       T-Mobile reiterates that it is important for customers to 
     continue to take steps to protect their accounts by utilizing 
     passwords. T-Mobile urges all users of mobile phone services 
     to take the following password protection steps:
       Create separate passwords for voicemail, online access, and 
     for use when calling customer care about your billing 
     account.
       Set complex passwords using both numbers and letters where 
     appropriate.
       Avoid common passwords such as birth dates, family or pet 
     names and street addresses.
       Change your passwords at least every 60 days.
       Memorize your passwords.
       Don't share passwords with anyone.
       ``T-Mobile takes customer privacy seriously. Customer 
     protection is a primary concern. We have invested millions of 
     dollars to help protect customer information, and we continue 
     to further reinforce our systems. Our customer phone records 
     are not for sale,'' said Sugrue. ``We encourage Congress and 
     the FCC to act swiftly to bring the illegal activity of 
     online data brokers to an end.''

  Mr. SMITH of Texas. Madam Speaker, since I introduced this 
legislation, I rise in strong support of the ``Telephone Records and 
Privacy Protection Act of 2006 (the TRAPP Act).''
  And I want to thank Chairman Sensenbrenner for his leadership and 
continuing support of this bicameral and bipartisan bill.
  Madam Speaker, few things are more personal and potentially more 
revealing than our phone records.
  Who we call can reveal much about our business and personal lives, 
including intimate details about one's medical or financial condition.
  Calling records can even be used to identify a caller's location.
  In some cases, the unauthorized release of personal information like 
a phone record can lead to a tragic result.
  Unfortunately, existing Federal statutes that could be used to target 
data thieves are inadequate.
  These statutes have clearly not deterred data burglars from treating 
confidential phone records information as a commodity, to be bought and 
sold on the Internet, without the consent of consumers, for about $100.
  The underlying bill targets companies and individuals who traffic in 
fraudulently obtained confidential phone records and provides new 
protections for the privacy of calling logs.
  It establishes a new section 1039 in Title 18 of the United States 
Code that will provide explicit penalties for those who use fraud to 
obtain confidential phone records.
  The bill imposes a prison sentence of up to 10 years and a fine of up 
to $500,000 on any person who in interstate commerce sells, transfers, 
purchases or receives confidential phone records of a telephone company 
without the prior consent of the customer.
  The bill includes enhanced penalties for cases where the information 
is used in furtherance of crimes of domestic violence or threat to law 
enforcement officers or their families.
  We need to pass this bill to demonstrate that we take seriously the 
obligation to protect the confidentiality of consumer telephone records 
and to make clear to data thieves that their conduct will result in a 
felony conviction.
  This legislation supports crime victims, prosecutors, and companies 
and individuals who have been the targets of this fraud.
  A companion measure is expected to be introduced soon in the Senate.
  Mr. GOODLATTE. Madam Speaker, I rise in strong support of H.R. 4709, 
the Law Enforcement and Phone Privacy Protection Act. I was pleased to 
join with Representatives Smith, Conyers and Scott to introduce this 
important legislation to protect phone records from thieves and 
opportunists.
  The sale of confidential phone records is a serious problem. for 
approximately $100, anyone can buy an individual's private cell phone 
call history. These histories catalogue every outgoing and incoming 
call a customer makes or receives. This information should not be 
available for unauthorized sale on the Internet.
  The primary method thieves use to obtain this information is known as 
``pretexting''. This involves an individual with some key information--
a cell phone number or possibly a Social Security Number--pretending to 
be the subscriber to get information about an account. The Law 
Enforcement and Phone Privacy Protection Act puts a stop to this by 
imposing criminal penalties for ``pretexting,'' As well as other 
methods of seeking to obtain such records through the use of fraud.
  Furthermore, this legislation will provide additional punishment for 
those who illegally sell or obtain phone records knowing they will be 
used in a criminal act. This is extremely important for the protection 
of law enforcement officers and potential victims of domestic violence, 
whose call histories may be particularly desireable to those who wish 
to do them harm.
  We all use telephones and cell phones with the assumption that 
information about who we receive calls from and make calls to will not 
fall into the wrong hands. I urge the members of the house to support 
this legislation to ensure that phone records are protected.
  Mr. CANTOR. Madam Speaker, I rise today in support of the Law 
Enforcement and Phone Privacy Protection Act of 2006.
  As America continues to prosper, cell phones are becoming 
increasingly central to our everyday lives. We use this technology to 
keep in closer contact with our families, manage our livelihoods, and 
stay in touch with friends. We trust that the records of private 
conversations remain safe. Law enforcement must have the tools 
necessary to ensure the privacy of our cell phone records and prosecute 
those who invade our lives.
  Today, criminals can use our cell phone records to expose a 
government informant, steal our personal information, or commit other 
forms of fraud.
  This bill takes strong action to protect the privacy of American's 
cell phone records. By providing tough new protections, we can better 
ensure the privacy of confidential cell phone records. Law enforcement 
and prosecutors can impose serious criminal penalties on those who 
unlawfully invade and use our cell phone records.
  Congress has a duty to protect all Americans and their confidential 
cell phone records.
  Ms. ZOE LOFGREN of California. Madam Speaker, I am pleased to be an 
original cosponsor of this bill. I believe it provides critical privacy 
protections to the more than 180 million Americans who use cell phones. 
It will also protect the privacy of more than 100 million American 
homes with wired telephones. And it will protect Voice over IP users, 
now more than 2 million Americans and rapidly rising.
  I think we've heard too many stories of how easy it is to 
fraudulently obtain cell phone call records and even cell phone 
locations. We've heard of how one political blog bought Wesley Clark's 
cell phone records, but the fact is lots of ordinary Americans have 
reason to be concerned about the privacy of their phone

[[Page 5934]]

records. Imagine what a criminal organization could do with the cell 
phone call records of an undercover law enforcement agent, or what an 
abuser could do with a spouse's cell phone location. No one should be 
able to get another person's phone records through fraud, and this bill 
makes it a crime to purchase or use phone records obtained through 
fraud.
  I want to thank Chairman Smith of the Intellectual Property 
Subcommittee and Ranking Member Conyers of the Judiciary Committee for 
their leadership in drafting this legislation, which I believe 
represents a sensible, bipartisan solution to a growing problem. I urge 
my colleagues to join me in voting to pass this bill.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I ask the support of this 
legislation, and I yield back the balance of my time.
  Mr. SENSENBRENNER. Madam Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Wisconsin (Mr. Sensenbrenner) that the House suspend the 
rules and pass the bill, H.R. 4709, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. SENSENBRENNER. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

                          ____________________